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Rechtsnormen Journal of Law
Published by Yayasan Pendidikan Islam Daarut Thufulah
ISSN : 29884454     EISSN : 29884462     DOI : 10.70177/rjl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Rechtsnormen Journal of Law is a leading international journal focused on the global exchange of knowledge in Law as well as advancing research and practice across law disciplines. The journal provides a forum for articles reporting on original research, systematic and scholarly reviews focused on law from around the world. Rechtsnormen Journal of Law publishes national and international research in an attempt to present a reliable and respectable information source for the researchers.
Arjuna Subject : Umum - Umum
Articles 36 Documents
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Implementation Of the Fulfillment of the Rights of Female Prisoners in Class II B Sukabumi Correctional Institution Agung Leo Sasongko
Rechtsnormen Journal of Law Vol. 1 No. 4 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i4.491

Abstract

Background.  Human rights are rights that must be fulfilled and realized by everyone without exception, including prisoners in correctional institutions who are serving a sentence. Prisoners in correctional institutions are part of society in general, as humans they have rights that must be upheld by the law and government. Purpose. Female prisoners are different from men in terms of physical, psychological and psychological. Female prisoners also have natural rights that must be lived such as menstruation, pregnancy, childbirth and breastfeeding. So that female prisoners must receive special treatment. Method. This type of research is a type of field research (field research) using an empirical juridical approach, namely a research that deductively starts from analyzing the articles in the applicable laws and regulations linked to the facts in the field. The nature of this research is descriptive analytical about the fulfillment of the rights of female prisoners in the Class IIB Correctional Institution Sukabumi. Results. The results of this study indicate that the implementation of services to fulfill the rights of female prisoners has not been carried out properly due to various obstacles such as the quality and quantity of correctional officers who have not been fulfilled proportionally Conclusion. as well as facilities and infrastructure that are still not good and limited so that the fulfillment of the rights of prisoners cannot be done optimally.
Application of Law Based on the Principle of Lex Spesialis Derogat Legi Lex Generalis in the Crime of Online Gambling (Decision Number 232/PID.B/2022/PN.CBD) Mela Meiliawati
Rechtsnormen Journal of Law Vol. 1 No. 4 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i4.492

Abstract

Background. The existence of internet technology can make it easier for people to get information and facilitate communication, but the internet can also have a negative impact on society, one of which is a medium for finding information or sites that contain gambling. This can change the pattern of ordinary or conventional gambling to gambling with internet media or what is commonly called online gambling, so that it can be accessed anytime and by anyone. Purpose. Gambling is a prohibited act as stipulated in Article 303 of the Criminal Code, 303 bis of the Criminal Code, and Article 27 paragraph (2) of the Law on information and electronic transactions. In verdict number 233/Pid.B/2022/Pn.Cbd the author found a discrepancy in the application of the article, so the problem in this study is "How is the application of the law of online gambling in verdict number 232/Pid.B/2022/Pn.Cbd?". Method. This research uses normative juridical types contained in laws and court decisions, as well as legal norms that exist in society. Results. The results in this study are that the public prosecutor's indictment has used a single charge by applying article 303 paragraph (1) 2 of the Criminal Code and the judge has decided in accordance with the public prosecutor's indictment. Conclusion. This can make law enforcers override the principle of lex spesialis derogate legi lex generalis, because they do not apply article 27 paragraph (2) of the Electronic Information and Transactions Law.
The Role of Regional Bawaslu as a Supervisor in the Prevention and Hndling of Election Administration Violations in the City of Sukabumi Ana Maria
Rechtsnormen Journal of Law Vol. 1 No. 4 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i4.494

Abstract

Background.  General elections are held simultaneously, including the election of members of the House of Representatives, members of the Regional Representative Council, President and Vice President, and to elect members of the Regional People's Representative Council, where in each process towards general elections there are several stages that need to be carried out by election participants. Purpose. In the general election stages, there are often negligence committed by election participants, one of which is election administration violations, election administration violations are violations committed by election participants or election organizers during the election stages. Method. In this research, the author uses normative juridical research methods that are qualitative in nature. Results. Based on the findings made by the Sukabumi City Bawaslu, there were 19 findings of administrative violations in Sukabumi City committed by 2019 election participants, including 16 violations of campaign props and 3 violations of campaigns without notification letters to the police. From the findings by the Sukabumi City Bawaslu related to administrative violations, the Sukabumi City Bawaslu is authorized to receive, examine, review, decide reports from the public or findings by the Election Supervisor related to alleged election administration violations. From the alleged violation of election administration, the settlement uses a fast event in accordance with Article 40 of Perbawaslu No. 8 of 2022. From the many findings of alleged election administration violations, Bawaslu of Sukabumi City made several prevention efforts including appeals, Bawaslu of Sukabumi City delivered appeals to the community, election officials, and election officials. Conclusion. Socialization, namely the implementation of the initialization of election rules and regulations and coordination to the community, election participants, and local government agencies, as well as law enforcement agencies conducting cooperation with coordination with law enforcement agencies related to elections.
Implementation of Restorative Justice in Traffic Accident Cases at Sukabumi City Police Station Haidan Angga Kusumah; Agus Rasyid Chandra Wijaya; Novita Zahra
Rechtsnormen Journal of Law Vol. 1 No. 4 (2023)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i4.495

Abstract

Background.  The transportation sector is a sector that has an important role in improving the welfare of society. Therefore, the government issued the Law of the Republic of Indonesia Number 22 of 2009 concerning Road Traffic and Transportation as a guideline for the creation of safe and comfortable transportation. Purpose. this research aims to find out how the implementation of restorative justice in handling traffic accident cases, especially at Sukabumi City Police. The method used in writing this thesis is a qualitative method with a normative juridical approach. Method. This research uses a normative juridical approach. Normative juridical research is often called theoretical research because normative juridical research discusses doctrines or principles in law. Results. The triggering factors for traffic accidents based on Law No.22/2009 are road negligence and vehicle negligence itself. In addition, there are internal factors that arise from humans such as carelessness, drowsiness, etc. Based on Law No.22 of 2009, there are no other events to resolve traffic accident cases other than criminal justice. However, Police Regulation No. 8 of 2021 on Handling Crimes Based on Restorative Justice provides a way to resolve traffic accident cases with restorative justice. Conclusion. Based on the description above, it can be concluded that the concept of restorative justice is a concept that is expected to complement the shortcomings of the criminal justice system. The implementation of the concept of restorative justice in traffic accident cases in Sukabumi City has been running in accordance with Police Regulation No. 8 of 2021 Handling Crimes Based on Restorative Justice.
Legal Protection of Indonesian Migrant Woekers Reviewed According to Law Number 18 of 2017 Concerning the Protection of Indonesian Migrant Workers Delia Mutiara Rahmah Sri Ma’ruf
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.496

Abstract

Background. The government has issued laws and regulations regarding the protection of Indonesian Migrant Workers. However, the large number of Indonesian Migrant Workers abroad has led to many problems faced by Migrant Workers. Purpose. In this thesis, the problem is how the protection of Indonesian Migrant Workers according to Law Number 18 of 2017 and how the government's efforts in providing legal protection for Indonesian Migrant Workers. Method. In conducting this research the author uses library research and field research, which is in the form of data collection and is extracted based on literatulism such as, books, print media, electronic media, internet media and interviews, the data is obtained from legal materials related to the Protection of Indonesian Migrants. Results. The results and conclusions of the research show that the Protection of Indonesian Migrant Workers based on Law Number 18 of 2017, the protection of Indonesian Migrant Workers is all efforts to protect the interests of prospective Indonesian Migrant Workers and / or Indonesian Migrant Workers and their families in realizing the guaranteed fulfillment of their rights in legal, economic and social aspects Conclusion. The government's efforts so far can be seen in the form of laws and regulations issued in response to the needs of Indonesian Migrant Workers. Indicators of the condition of protection of Indonesian Migrant Workers can at least be seen from three aspects, namely pre-placement, placement and post-placement  
The role of China’s Investment in Shaping the Redevelopment of Afghanistan Muhammad Al Amin; Mujibur Rahman Ahmadi; Haidan Angga Kusumah
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.497

Abstract

Background. The Afghanistan-China strategic relationship is multifaceted, characterized by economic convergences, security cooperation, and mutual diplomatic support. China's Belt and Road Initiative has played a significant role in deepening ties, especially through infrastructure development in Afghanistan. Purpose. In this paper authors tried to explore Afghanistan and China relations, how China plays an important role in the redevelopment of Afghanistan, discuss the prospects and challenges facing Chinese–Afghan relations, including from a regional perspective and also discussed how China fits into the vacuum left by the US withdrawal. Method. The method used applies a qualitative method that focuses on looking at social phenomena that occur in society. Results. At the same time, a rather stable Afghanistan free from threats by militant and terrorist groups could provide opportunities for China and other regional states to contribute to its post-conflict economic reconstruction and development. Conclusion. At the period since the Taliban took over an Afghanistan emptied of its foreign presence, there has been much more speculation that China will step in to fill the geopolitical, security and economic vacuum left by the West’s withdrawal. China surely has direct interests in a stable, developed and well-governed Afghanistan, not least to prevent spillover and assets in the wider regions of Central and South Asia.
The Contribution of Investment to the Government and Local Communities in the Kampar Regency Riau Rida Jelita; Thamrin S; Abd Thalib
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.512

Abstract

Background. This study was conducted to analyze and assess the barriers in the implementation of oil palm plantation contributions to the government and local communities in Kampar Regency, Riau. Purpose. The samples of this research are oil palm plantation companies and local communities located in Kampar Regency, Riau. Method. n its discussion, the researcher uses a normative juridical approach, the normative juridical approach used in this research is an approach through positive law, namely positive legal rules to find the legality of the data used is secondary data where journals, articles, books, reviews, papers, and others become the main source in this research. Results. The results of this study indicate that 1) the analysis of the contribution of development in the field of capitalization of oil palm plantations by plantation companies to the government and society has not been significant to economic growth. 2) the implementation of oil palm companies towards the government and the people of Kampar Regency, Riau is a different understanding and implementation in perceiving the law, the effectiveness of the budget year is still lacking, the budget is not absorbed, and employment is not absorbed. Conclusion. In addition, field research can also be used as a complement, namely interviews supported by primary data.
Responsibility of Perpetrators of Murder with Same-Sex Romance Motive (Study of Decision Number: 64/Pid.B/2022/PN. Kot) Recca Ayu Hapsari; Zikri Aldino Z. P
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.517

Abstract

Background. It is hoped that the judge will give a severe criminal verdict against the perpetrators of the crime of murder in order to have a deterrent effect on the perpetrators of the crime. Purpose. Gambling is a prohibited act as stipulated in Article 303 of the Criminal Code, 303 bis of the Criminal Code, and Article 27 paragraph (2) of the Law on information and electronic transactions. In verdict number 233/Pid.B/2022/Pn.Cbd the author found a discrepancy in the application of the article, so the problem in this study is "How is the application of the law of online gambling in verdict number 232/Pid.B/2022/Pn.Cbd?". Method. This research uses normative juridical types contained in laws and court decisions, as well as legal norms that exist in society. Results. The consideration of the judge in the verdict of the murder case with same-sex romance motive considers the criminal elements in the indictment, considers the justification and excuse as the basis for removing criminal liability for the defendant and considers the aggravating and mitigating circumstances by stating that the defendant has been legally and convincingly proven guilty of committing the crime of participating in premeditated murder as charged in the first alternative primair indictment of the Public Prosecutor and imposing a sentence on the Defendant therefore with imprisonment for 17 (seventeen) years. Conclusion. The conclusion of this research is the accountability of the perpetrator of the crime of murder with the motive of same-sex romance is the ability of the defendant to be accountable for his actions through the mechanism of the criminal justice process to decide the criminal penalty for the defendant.
Views of Aceh Tamiang Ulama Against Postponement of Inheritance Distribution Lukmanul Hakim
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.520

Abstract

Background. Inheritance should be a pleasant thing for the heirs, but sometimes this becomes a catastrophe that causes a rift or break in the family relationship, this is due to the greed of the heirs, including problems in inheritance is the delay in distribution to the heirs. Purpose. The inheritance is the absolute right of the heirs who should be immediately divided after paying off the debts and assets of the heirs, but because the distribution is not hastened, it has an unfavorable impact on the heirs. Method. The research method used in this research is qualitative research, this type of research is field research whose main source is the results of interviews in the field. Results. The results of this study are: 1) The impact of delaying the division of inheritance, namely: The occurrence of family problems / disconnection between heirs, can result in the loss of the value of the inherited property, and the persecution of some heirs because their rights are not fulfilled. 2) The view of the Aceh Tamiang Ulama regarding the delay in the division of inheritance is divided into three laws, namely: Obligatory delay, permissible delay and haram delay. These three laws are adjusted to the circumstances that occur if the delay in the distribution of inheritance is due to doubts about nasab and / or doubts about the life of the heirs, it must be postponed until there is a determination of nasab and / or heirs from the court. Conclusion. Likewise, delaying the distribution of inheritance due to doubts caused by real pregnancy or doubts about the sex (khunsa) is obligatory until the status of both is clarified. Delaying the distribution of the inheritance, if there is agreement from all the heirs who are entitled to it, and if it is permissible and managed in accordance with shar'i law, is permissible. If delaying the distribution of the inheritance results in injustice to the heirs or results in damage and loss of value to the inheritance, then it is haraam.
Ratiodecidendi of Judge in Imposing Warning Punishment Against Children in Conflict with the Law from the Perspective of Child Protection Devi Rakhmatika; Sami’an Sami’an
Rechtsnormen Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pedidikan Islam Daarul Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.535

Abstract

Background. Cases of violence against children still occur frequently in Indonesia. The weak social control of society and the many cases of abuse show that law enforcement in Indonesia is not yet optimal. Purpose. Child Protection has been regulated in Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. And regulations regarding the Juvenile Justice System are regulated in Law Number 11 of 2012 concerning the Juvenile Justice System, but these regulations are not sufficient to guarantee the cessation of cases of maltreatment against children. Method. The author uses normative juridical research methods. In this case, the Ratio Decidendi of the Judge does not really see from various points of view, it can be seen from the consideration that in the end the Judge imposed a warning sentence on the Child Convict, and the decision did not explain and pay attention to the rights of child victims. Results. Because in reality there are still many cases of violence and sexual abuse against children. Case No. 3 Pid.Sus-Anak/2023/PN Mll was a case of maltreatment in which the public prosecutor charged the defendant with Article 170 paragraph (2) to 1 of the Criminal Code Jo. Article 81 of Law No. 11 of 2012 concerning the Juvenile Criminal Justice System which basically states that juvenile offenders must be detained in a Special Correctional Institution for Children. Conclusion. Through this paper, it is hoped that law enforcement officials will synergize in implementing child protection and children's rights, especially regarding the guarantee of child protection from violence and harassment.  

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